TEST CODE 02131020

FORM TP 2006242 MAY/JUNE 2006

CARIBBEAN EXAMINATIONS COUNCIL

ADVANCED PROFICIENCY EXAMINATION

LAW
UNIT 1 - PAPER 02
2 hours 15 minutes

( 23 MAY 2006 (a.m.) )

INSTRUCTIONS TO CANDIDATES

1. This paper consists of TEN questions in TWO sections. Answer FOUR

questions as indicated below.

2. Section A consists of ONE compulsory question.

3. Section B consists of NINE questions, THREE from each Module. Answer

ONE question from EACH module.

Copyright © 2004 Caribbean Examinations Council®.

All rights reserved.
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SECTION A

Answer this COMPULSORY question.

1. Anton is the leader of a religious sect which does not consider itself subject to the laws of the
state but rather to the laws of God as set out in the "Holy Book". Anton lives in Acaba, a
Comm onwealth Caribbean state, and often writes letters to the editor of a local newspaper
complaining about violations of his rights as a citizen.

Advise Anton on the following:

(a) The role of the Ombudsman in protecting him against real or perceived violations of his
rights by public officials. [10 marks]

(b) The actio ns of the police who, following reports from neighbours about the obstruction
of the roadway during services and the loud chanting late into the night and early
hours of the morning, raid Anton's home. Anton 's home is also his place of worship.
Anton's enjoyment of his home and his ability to conduct his services are disrupted as a
result. [10 marks]

(c) Anton' s arrest and charge by the police for breaches of the Public Utilities Act which
provides in Section 3 that:

"No person shall unlawfully connect electricity to any property where

he works or resides or over which he has control."

The police claim to have removed from Anton 's premises, wires and other paraphernalia
leading from the public electricity supply to the premises.
[10 marks]

Total 30 marks

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SECTIONB

Answer ONE question from EACH module.

MODULE 1: CARIBBEAN LEGAL SYSTEMS

Answer ONE question.

2. (a) Identify and explain the hierarchy of the courts in a Commonwealth Caribbean country
of your choice. [10 marks]
(b) Assess the arguments for the establishment of the Caribbean Court of Justice (CCJ).
[15 marks]

Total 25 marks

3. With reference to deci ded cases, analyse the ways in which the literal, golden and mischief
rules assist the courts in applying the law. [25 marks]

4. With the use of illustrations, discuss the opinion that " the facilities for the training and
disciplining of attorneys-at-law in the Commonwealth Caribbean are designed to protect the
public and to ensure the proper administration of the legal system." [25 marks]

MODULE 2: PRINCIPLES OF PUBLIC LAW

Answer ONE question.

5. (a) Explain the procedures for the appointment of judges set out in the Constitution of a
NAMED Caribbean country.
[10 marks]

(b) Explain the circumstances under which, and the means by which a judge may be
removed from office. [15 marks]

Total 25 marks

6. With reference to decided cases, discuss the use of judicial review of administrative action.
[25 marks]

7. Assess the extent to which the Fundamental Rights Clauses in the Constitution of a Caribbean
Commonwealth state of your choice preserve the rights of citizens. [25 marks]

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MODULE 3: CRIMINAL LAW

Answer ONE question.

8. (a) Discuss the rehabilitation theory and TWO OTHER theories of sentencing.
[19 marks]

(b) Discuss whether there is any justification for the view that modern trends to rehabilitate
offenders do not pay enough attention to victims' families. [ 6 marks]

Total 25 marks

9. Scott and Maray are members of a study group. Maray goes to Scott' s house to study
Criminal Law, but when she arrives she discovers that other members of the group will be
arriving later. She agrees to watch a movie with Scott until the others arrive. While watching
the movie Scott makes sexual advances towards Maray and tries to kiss her. Maray pushes
him off and threatens to scream but Scott overpowers her and has sexual intercourse with
her. Maray goes to the police station and files a report. Scott is arrested and charged for rape.

(a) Advise Scott on the likelihood of his conviction for rape. [15 marks]

(b) Would the situation be any different if Maray were Scott's wife? Give reasons for
your answer. [10 marks]

Total 25 marks

10. Examine EACH of the fact situations below and answer the questions which follow.
(a) Alex puts his hand on his licensed firearm and says to his wife, Lucy , during a quarrel,
"If it were not for my mother, I would blow your head off."
Advise Alex on his criminal li ability, if any, citing cases in support of your answer.
[ 8 marks]

(b) Following the quarrel, Lucy threatens to leave Alex and never return. She is coming
down the stairs with a small suitcase when Alex blocks her path, apologising for his
behaviour and declaring his love for her. Lucy pushes him away and he falls and
breaks his arm.

Advise Lucy on her criminal li ability, if any, citing cases in support of your answer.
[ 8 marks]

(c) Lucy 's mother-in-law, Cami ll a, is upset about Alex 's injury. She attacks Lucy, bites her
on her arm and scratches her neck.
Advise Camilla on her c riminal liability, if any, citing cases in support of your answer.
[ 9 marks]

Total 25 ma rks
END OF TEST
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